David S. Klein

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David S. Klein

David S. Klein

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David Klein
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Biography

David Klein represents corporate clients, small businesses, and individuals in a variety of litigation and other disputes, with a particular focus on real estate, business, and bankruptcy litigation. He frequently litigates in state courts, bankruptcy courts, and federal courts throughout the Atlanta metropolitan area. He has successfully tried several bench and jury trials for his clients. 

David is a member of the State Bar of Georgia, Real Property, and Young Lawyers divisions and in 2016 and 2019 was elected by his peers for three-year renewable terms on the executive committee of the Real Property Law section, where he serves as the Website/Listserv/Forms chairman. David was selected as a 2019 and 2020 Rising Star by SuperLawyers. He is also a BV-rated attorney with Martindale-Hubbell. David accepts pro bono cases through the Georgia Legal Services division of the State Bar of Georgia. He is licensed to practice in all Georgia trial and appellate courts; Northern, Middle and Southern U.S. District Courts of Georgia; and the 11th Circuit Court of Appeals. David has also been admitted pro hac vice to the U.S. District Court for the Central District of California, the U.S. District Court for the Southern District of California, the U.S. Bankruptcy Court for the Northern District of Texas, and the U.S. District Court for the Southern District of Florida. 

David and his wife Alex reside in Johns Creek along with their two children, Caroline and David.


Education

  • University of Georgia School of Law, Athens, Georgia
    • LL.M. - 2011
  • Elon University School of Law, Greensboro, North Carolina
    • J.D. - 2010
  • Mercer University
    • B.A. - 2007

Honors

  • Super Lawyers Magazine, Rising Star (2019-2020)

Classes & Seminars

  • Title Law From Start to Finish (Seminar, 2019)
  • Airbnb, VRBO & Short-Term Lease Agreements Webcast (Seminar, 2019)
  • Commercial Leases: Transactional Tips, Litigation Lessons and Recent Case Law (Real Property Law Section, Real Property Law Institute, 2018)
  • VRBO, Airbnb and Other Short-Term Rentals: Legal Ethics (Seminar, 2017)
  • Using Technology Effectively in Transactional and Litigation Practices (Real Property Law Section, Real Property Law Institute, 2017)
  • Collections: Enforcing Your Judgment (Seminar, 2016) Lease Agreements, Tenant Issues, and Documentation (Seminar, 2016)
  • Your Commercial Tenant Filed for Bankruptcy, Now What? (Real Property Law Section, Commercial Seminar, 2016)

Representative Cases

  • Minnifield v. Wells Fargo Bank, N.A., 786 Fed.Appx. 979 (11th Cir. 2019) In a case arising from a foreclosure, a district court did not commit plain error in dismissing plaintiff homeowner’s amended complaint, because she had waived the right to challenge the district court order affirming a magistrate judge’s report and recommendation.
  • CML-GA Social Circle, LLC v. Redcedar, LLC et al., 341 Ga.App. 110 (2017) The Court of Appeals affirmed summary judgment on liability under the Georgia Timber Collateral Conversion Statute against a contractor that cut down and removed trees on a property encumbered by the client’s security deed.
  • Bord v. Hillman, 335 Ga.App. 18 (2015) Obtained a reversal of summary judgment where the Court of Appeals found that a genuine issue of material fact existed as to the case of increased water concentration on neighbors’ property.
  • RES-GA Gold, LLC v. Cherwenka (In re Cherwenka), 508 B.R. 228 (Bankr. N.D. Ga. 2014) After a trial, the Court found that the Debtor’s annuity could not be exempted in his bankruptcy.
  • Thompson-El v. Bank of America, N.A. et al., 759 S.E.2d 49 (Ga. Ct. App. 2014) Successfully defended real estate agent and brokerage that served as property manager to a bank which foreclosed on a residence. The former owner asserted several claims against the agent and broker, including a claim for intentional infliction of emotional distress. The Court of Appeals affirmed the trial court dismissal the former owner’s complaint with prejudice.
  • In re Jean, 508 Fed. Appx. 939 (11th Cir. 2013) The 11th Circuit Court of Appeals affirmed the District Court’s order confirming that the automatic stay did not go into effect when a debtor filed a bankruptcy petition after having filed two prior bankruptcy petitions that had been pending in the period beginning one-year prior to his most recent bankruptcy petition filing.
  • Confidential Case, Successfully defended small business client against allegations that it had breached a franchise agreement and that franchisor was entitled to damages in the six-figures range.
  • Confidential Case, Obtained six-figure judgment which included accelerated and future rent on behalf of a commercial landlord against a tenant.
  • Confidential Case, Obtained jury verdict of $230,000, including damages and attorney’s fees, on a counterclaim against landowner that built structures on client’s land.
  • Confidential Case, Recovered in excess of $1 million for a client in a multi-case litigation matter, which involved two garnishment actions, a fraudulent transfer claim, and other tort claims.
  • Confidential Settlement, Obtained a six-figure confidential settlement for a seller of a commercial property in a contract dispute with the purchaser.
  • Confidential Settlement, Assisted in obtaining a six-figure settlement in a fraudulent transfer action concerning a large tract of land and apartment complex.
  • Confidential Settlement, Obtained a six-figure confidential settlement for landlord in commercial lease dispute with tenant, personal guarantor, and other entities who were utilizing the space.